Obtain the motion to appeal forms from the court clerk to begin the appealing process. Indicate the case number that was given when the temporary orders were issued by the judge. Write down the date when the temporary orders were issued. State the number of children in question as well as their names in the boxes provided in the motion to appeal form.
File a motion to reconsider by obtaining the forms from the court clerk. Consult an attorney for advice about laws in your state regarding temporary custody. State in paragraph form the areas in the law that show that the judge's decision to grant temporary orders to the other party is erroneous. File this motion with the court that issued the temporary orders.
Explain the substantial changes to circumstances that may affect the best interest of the child. Outline changes such as better health, employment or better living conditions you have attained. Indicate any suffering or depression by the child and his own preferences to be with you instead of the other party. Identify any changes by the other party such as loss of income, abuse of the child or refusal to keep up with the provisions of temporary agreement.
Write a request to the judge indicating what you would like the appeal to do in the best interest of your child. State the reasons why you, and not the other party, are better placed to temporarily, and eventually permanently, care for the child.
Notarize the motion of appeal by signing it in the presence of a notary such as the court clerk or an attorney. File this motion with the court clerk, who will forward it to the judge in the court where the temporary order was issued. Serve the other party with the motion to appeal and present the court clerk with a proof of service, such as a mailing receipt showing that you served the other party with the documents.
Attend your hearing on the assigned date and present your case to the judge. Receive a confirmation from the judge on whether the motion to appeal will be granted.